(영문) 인천지방법원 2017.02.07 2014가합7281

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(영문) 인천지방법원 2017.02.07 2014가합7281

공사대금

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1. The Defendant’s KRW 622,027,460 as well as 5% per annum from June 23, 2014 to February 7, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (formerly: Company C) is a corporation whose purpose is construction business, etc., and on December 16, 2010, the Defendant and Sii-si, Sii-si, the second and sixth underground floors neighborhood living facilities (E; hereinafter “instant building”) on the ground level D on December 16, 2010.

2) A new construction project (hereinafter referred to as “instant construction project”)

with respect to the contract amount of KRW 2,300,000 (excluding value-added tax) and construction contract for the construction work from December 20, 2010 to April 30, 201 (hereinafter “instant primary contract”).

On December 22, 2010, the following special agreements were made with respect to the payment, etc. of construction cost. Matters of special agreements (related to the payment of construction cost with the plaintiff):

3. 50% of the construction cost shall be paid in advance for the funds deposited with the sale price and deposit money of the above building, and the remainder 50% shall be used by the owner;

4. The owner shall provide the Plaintiff with the sales contract and all documents to the part designated by the Plaintiff so that the Plaintiff, a contractor, can procure and use the construction cost of KRW 200 million at the time when the construction work for the fourth floor of the ground is undertaken.

At this time, when preparing a contract for sale in lots, consent and cooperation of the trust company shall be borne by the owner.

5. The owner shall provide the plaintiff or the plaintiff with sales contract and other documents within a limit of 50% of the construction cost executed at the completion of the structural construction, separate from paragraphs 3 and 4, so that he may receive assistance from the construction cost adjustment month and support.

6. Where the payment of building costs is insufficient with proceeds from sale in lots and rental deposit, the project owner shall pay the remaining construction costs by taking land and buildings as security within 30 days after completion;

【Scope, Period, etc. of Construction】

9. The scope of the construction work shall be from the first to the sixth floor above ground, other construction work (such as underground floor closing work) shall be an additional construction work, and the scope and amount of the additional construction shall be an additional construction work.

유사 판례

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